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LIJ November 2004

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Cover Story

Changes of note
Commercial law introduction.

By Natalina Velardi

Commercial law

Feature Articles

Third parties

3rd party protection
At present in Victoria a third party beneficiary named in a contract is unable to sue on the contract to enforce the benefit so conferred. However, it seems the time is right for legislative reform of this rule.

By Daniel Khoury


Are you being served? The ATO review of service trusts
Legal firms will need to revisit the operation of their service trusts or potentially face a tax audit.

By Reynah Tang

Work incapacity

Assisting injured employees to return to work
Under the Workplace Relations Act, s127 orders may be used to compel an employer to facilitate the return to work of an injured employee.

By Peter Holding


Capping the SRO's sweet tooth
The consequences of the State Revenue Office's (SRO) liking for fixtures and its liberal interpretation of the definition of chattels have been coming before the Supreme Court regularly.

By Russell Cocks

Professional privilege

Legal professional privilege - some recent developments
Legal professional privilege lies at the heart of the administration of justice. A number of recent decisions provide further guidance as to its practical operation as well as to its outer limits.

By Michael Edelstein


Negotiating Victorian duties general anti-avoidance rules
A great challenge facing Victorian courts is to determine the boundaries of the general duties rule and land rich rule.

By Dr Bill Orow and Eu-Jin Teo


Passport to an ethical dilemma
Amendments to the Migration Act 1958 may place immigration law practitioners in an invidious position as acting in the best interest of the client could well involve disciplinary measures against the practitioner.

By Murray Gerkens, Rodger Fernandez, Dominic Yau and Melaine Tong

Cultural protection

Protecting cultural property
The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict this month celebrates its 50th anniversary.

By Shivanii Pillai and Hyder Gulam

Financial security

Protecting the investors
The Financial Services Reform Act offers protection to an investor and also provides a remedy if an investor has suffered loss as a result of being given negligent financial advice.

By Annette Kaitinis

Letters of comfort

The comfort letter trap
Courts have considered the legal enforceability of comfort letters and it seems legal liability based on such a letter is now a real possibility.

By Anton Trichardt

Trade practices

Trade Practices Legislation Amendment Bill 2004
In the light of the recent federal election platforms of both parties, a Bill adopting most of the Dawson Committee recommendations might be only the first blow in a longer bout over trade practices regulation and reform.

By Sarah Barker and Doug Shirrefs


Publications Department

(for LIJ (Law Institute Journal) and LIV Directory and Diary inquiries only) Tel:(61 3) 9607 9319 Fax:(61 3) 9607 9451 Email: Managing editor: Carolyn Ford. Sub-editor/publications coordinator: Mary Kerley. Journalist: Karin Derkley. Sub-editor/proofreader: Libby Brown. Art director: Katherine Alexander. Editorial & administrative assistant: Sophie Suelzle. Advertising: Lisa Crowle.


Editorial committee

Chair: Gerry Bean Members:  Tony Burke, Geoff Gronow, Melissa Macken, Chris Molnar, Cameron Ross and Carolyn Ford.


Editorial policy

All contributions and letters to the editor to be addressed to: Managing editor, Carolyn Ford, Law Institute of Victoria Ltd, GPO Box 263, Melbourne 3001. Tel: (61 3) 9607 9319. Mob: 0406 004 935. Fax: (61 3) 9607 9451. Email: Views expressed by contributors are not necessarily endorsed by the Law Institute of Victoria. No responsibility is accepted by the Institute, the editor or the printers for the accuracy of information contained in the text and advertisements.

CAB audit logoLIJ (Law Institute Journal) circulation September 2014 12,785 - CAB audited.

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